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The Lehman-Goldsmid Litigation

H. S. Q. Henriques

<plain_text><page sequence="1">THE LEHMAN-GOLDSMID LITIGATION. xlv 12. The Lehman-Goldsmid Litigation. The litigation between Mr. Lehman and the executors of Dr. Falk's will, referred to in Mr. Gordon P. G. Hill's paper (Transactions Jewish Hist. Soc, viii. pp. 122 seq.), was of a somewhat complicated character. Although it was afterwards alleged that the will and codicil had been obtained by undue influence, no proceedings seem to have been taken to prevent the Probate or recall it when it had been granted. Probate was accordingly granted by the Ecclesiastical Courts, which before 1857 had jurisdiction over these matters, to the three executors named by Dr. Falk. But of these Aaron Goldsmid died before there had been time to commence the duty of administering the estate, leaving George Goldsmid and Lyon de Symons the surviving executors. Against them Lehman made a claim to a large sum of money, which he estimated as something between ?15,000 and .?20,000, as money lent to Dr. Falk in his lifetime, or entrusted to him upon the pretence that he would by some occult means acquire a large fortune for himself and for Lehman. Lehman commenced a suit in the Court of Exchequer to enforce his claim, and, further, took a step which still more embarrassed the executors. By far the greater part of the property left by Dr. Falk consisted of stock in the French Funds, which was deposited in the names of Simon and Abraham Boas of The Hague. Lehman immediately entered a Caveat in the French Courts which effectually prevented the executors from receiving the interest or dealing with the capital of this stock. The executors then took the reasonable course of initiating a suit on the equity side of the Court of Exchequer against Lehman and another claimant named De Matz for the administration of Dr. Falk's estate. In the course of the action several orders were obtained, for which search has been made in the Record Office, and copies of which are here appended. The result was that the proper officer was directed to take an account of Dr. Falk's personal estate and of the debts for which it was liable, and Lehman was ordered by the Court to withdraw the Caveat he had entered in respect of the money in the French Funds.</page><page sequence="2">xlvi MISCELLANIES. Under the pressure of motions for attachment this seems to have been ultimately done, and as Lehman was not able to obtain sufficient evidence to prove his claim against the executors, his suit was dismissed for want of prosecution. The documents that follow are printed exactly as written in the records. But no difficulty will be found in reading such abbreviations as exor for executor, deced for deceased, pit for plaintifF, deft for defendant, testor for testator, and so forth. H. S. Q. Henkiqtjes. October 1915. Exchequer Entry Book of Decrees IV. 33. Mich. 1784 N? 11. Whereas George Goldsmid &amp; Lyon de Symons surviving Exors of Sam1 De ffalk deced pits did in Hilary Term in the Twenty third Year of the Reign of his present Majesty King George the third Exhibit their Original Bill In this Court ag* Cosman Lehman &amp; Dan1 Dematz One of the Legatees Named in the Will of the sd Sam1 De Falk weh sd Bill was afterwds amended by Order of Court bearing Date the [ ] Day of June 1783 which Bill being so amended Set forth that the sd Sam1 De Falk being possed of an Estate Consisting of Stock in the ffrench funds &amp; being possed of a Small personal Estate did ab* the Month of April 1782 make his Will in writing to the Effect fort that is to Say "I the underwritten Sam1 De ffalk do make this my last Will in Manner for! that is to say I do hereby nominate and appoint to be Exor of this my last Will and Testam* Mr Aaron Goldsmid and his son Mr George Goldsmid of Lemon Street Goodmansfields giving these my sd Exors full power and authority of all my Estate and Effects Goods Wares and Chatties whatsoever to dispose of and Settle the Same in such Manner as I shall hereafter either in writing or in words explain the same to my sd Exors and that they shall be in Every Respect beld in such Manner that no person or persons wtsoever Shall Oppose or Contradict wtever these my sd Exors Shall do or act witness my hand the fourteenth Day of April 1782" That the sd Sam1 De ffalk also made a Codicil to his sd Will Dated April fourteenth 1782 &amp; thereby directed that after his</page><page sequence="3">THE LEHMAN-GOLDSMID LITIGATION. xlvii decease Mr Aaron Goldsmid his son Mr George Goldsmid &amp; his son in-law Mr Judah Lyon son of Sam1 Shoud be his Exors and thereby also directed that his Exors shoud give every Year forever One hundd pounds to the behoof of the Great Synagogue of the Holy Congregation in London which is Called by the Name of the Dukes Place Synagogue and Shoud also give to the Hambro Synagogue of the Holy Congregation at London Every Year Yearly forever fifteen Pounds and shoud also give to the New Synagogue in London Every Year for ever fifteen pounds and shoud also give to the Holy Congregation of the Portuguese Syna? gogue in London Every Year Yearly forever fifteen pounds and shoud also give to the Beth Hamedrash of the Holy Congregation of the German Jews in London Every Year Yearly forever Ten pounds and shoud also give to the Beth Hamedrash of the Holy Portuguese Congre? gation of the Jews in London Ten pounds every Year Yearly forever and shoud also give to the four Charitable Societys in London that is to say To the Society called Talmud Torah the Society Called Gidul Jethemim the Society Called Meshibath Nefesh and the Society Called Malbish Gnarumim too Each of the sd Societys every year yearly forever five pounds that is to say to the sd four Charitable Societys together Twenty Pounds every Year Yearly forever To the Congregation at fFurth Every Year Yearly forever Twenty Pounds &amp; also give every year yearly forever to the High Priest for the time being whosever he might be Ten guineas To his Stepson Gedaliah every Year during his life Ten Guins To Mr Joseph Shenop^h Yearly during his life three Guins To Mr Mendle Reader in the sd Testors Synagogue during his life five Guineas every year to his serv* Mendle Ten Guins To Mr Hirsh Bristle Ten Guineas to Mrs Rachel wife of Meyer Ten Guineas to Mr Aaron under reader in the Testors Synagogue five guineas To his serv* Meyer five Guins To Mr Moses Priest in the New Synagogue Ten Guins To Mr Abraham Doctor Ten Guins To Mr Levi Kroks Ten Guins To Mr Morrish at the Hague One hundd Dutch Guilders to Mr Sarmon at Amsterdam five Guins To Mr Mordecai the son of Lima Dresden Ten Guins To Mr Jacob son of Lima Dresden six Guins To Mr Abraham the son of Sheloms usually called Abraham Nancy the sum of fifty Guins To the sd Mr Abraham ffurniture house Utensils and Books to the Amount of fifty Pounds in the whole and the Testor directed that the Books of Torah with all their Ornaments Holy Dresses and Holy Utensils shoud be</page><page sequence="4">xlviii MISCELLANIES. faithfully given to the Great Synagogue of the Holy Congregation in London as a present &amp; as those who were Remembered or mentioned in the sd Will to whom the specified Sums were to be given every Year during all the Term of their lives shoud die such his Sum shoud be given every year yearly forever to the Behoof of the Great Synagogue in London and as, to w* further might be required either for his Burial or to take Ten Men to learn the first Year or to give Money to the Poor between the decease and the Burial &lt;fc in the thirty Days of Mourning be it what it woud to the Honor of the living and the dead it shall all be left at the option of his Exors as afd to do as they shoud think proper &amp; also w*ever might be left of his Estate after all that had been mentioned shoud remain in the hands of the afd Exors at their Option to Divide to the poor and if in a short or a long time be it when it woud any rela? tion of Testors shoud come who was Intitled to have Inherited the Testor his Exors shoud give him five pounds Out of the Estate &amp; there? with he shoud be Cut off from his Estate and shoud have no further Claim wWer That Aaron Goldsmid in the sd Will named together with pits proved the sd Will in the proper Ecclesiastical Court &amp; took upon them? selves the Burthen of the Execution thereof That the sd Aaron Goldsmid Departed this life on or ab* the [ ] day of [ ] without having possed himself of any of the Effects of the sd Testor leaving pits the surviving Exors That the sd Sam1 De ffalk was at the time of his Death Entitled to the sum of [ ] in the ffrench ffunds together with an arrear of Dividends due thereon which sd Stock stands in the name of Simon Boas and Abraham Boas of the Hague Merchants but that pits were not able to possess themselves thereof or of any part thereof but had been prevented from selling the same or receiving the Dividends thereof by the Deft Lehman who had entered a Caveat in the proper Offices there so as to prevent pits from possessing themselves of the sd Stock or the Dividends thereof under a pretence that the sd Sam1 De ffalk was in his life time and at the time of his Death Indebted to the sd Cosman Lehman in a very Considerable Sum of money the Contrary whereof the pits Charge to be true but the sd Deft Lehman with a view only to obstruct pits in the Execution of the Trust in them reposed by virtue of the said will had entered such a Caveat as afd &amp; Insisted he would obstruct pits in the Execution of the sd Trust in them reposed That the sd Sam1 De ffalk was at the time of his Death possed of a very</page><page sequence="5">THE LEHMAN-GOLDSMID LITIGATION. xlix small psonal Estate in England wch pits possed themselves of &amp; had applyed the same according to the Directions of the sd Testors Will and in discharge of his fFuneral and other necessary Expenses attending the Execution of the sd Trust as far as the same woud Extend But the Deft Dematz pretended that the sd Deft was in his life time and at the time of his Death Indebted to him in the sum of Two hundd pounds or some such some of money for Moneys lent and advanced by him to the sd Testor or upon some other account the Contrary whereof pits Charged to be true and that in case it shall appear that the Testor was at the time of his Death Indebted to the said Deft Dematz In any Sum of money whoever that then and in Such Case Pits Submitted that the sd Testor did by his Will and Codicil bequeath to the sd Deft an Annuity of ten pounds a year during his life in full satisfaction and discharge of all such sums of money as he stood Indebted if any to him and submitted that in case the Deft Dematz shoud prove that there was any Debt due to him from the said Testor at the time of his Death that then the sd Deft shoud make his Election either to be paid such Db* as he shoud happen to prove ag* the sd Testor or to relinquish any benefit respecting the sd Annuity and the sd Deft Lehman pretended that the Testor was in his life time and at the time of his Death Indebted to him in the sum of fifteen thousd pounds and upwds the Contrary whereof pits Charged to be true and that the sd Testor was not at the time of his Death Indebted to him in any Sum of money w*ever Therefore that Defts might answer the premises &amp; that an account might be taken of the debts Owing by sd Testor at the time of his Decease &amp; that an account might also be taken of the psonal Estate and Effects of the sd Testor and that his Debts Legacys and ffuneral Expenses together with the Expenses of attending the Execution of the Trust in the sd Testors Will might be paid and discharged by and Out of the produce of the sd Testors psonal Estate &amp; Effects and that the Surplus might be laid Out in the pchase of Stock in the Name of the Depy Remr of this Court Subject to the Trusts in the sd will mentioned and that the sd Deft Lehman might be decreed to withdraw his afd Caveat and that the Deft Dematz might make his Election either to relinquish his sd annuity or to take such debt as he shoud be able to prove was due to him from the sd Testor in his life time and for Gen1 relief was the Scope of the sd Bill wch Bill the Defts being duly served with the process of this Court appeared and put in their d</page><page sequence="6">1 MISCELLANIES. answers The Deft Lehman by his answer to the sd Original Bill sayd that sd De ffalk made his Will &amp; a Codicil thereto to the Effect in the Bill stated sayd that sd Testor was in his life time and at the time of his Death Indebted to him the sd Deft by Simple Contract in the sd Sums of money for moneys lent to sd Testor in his life time &amp; for money by Deft paid laid out and Expended on the Account of sd Testor in his life time and for Bills of Exchange for Considble Sums of money Recevd by or paid to the sd Testor or to his Order or for his Use and that Testor at the time of his death was Indebted to him in a Considble Sum of money for the rent of a Messuage Situate in Leman Street Goodmansfields and that the Sev1 Sums in which sd Testor at the time of his Death was Indebted to him the sd Deft as he computed amo* to much more than fifteen thousd pounds that is to say Twenty thousd Pounds or to some such large sum of money &lt;fc that the same or any part thereof had not been paid to him by pits and Aaron Goldsmid Decd in Bill named or either of them or by any pson since the sd Testors decease Admitted that sd Testor at the time of his decease was possed or Intitled to a Considble Sum of money in the french funds wch then did as Def* beld stand in Testors Own Name or in the Names of some other psons In Trust for him Beld there was some dividend then due thereon Beld that sd Testor was at the time of his Decease possed of or Intitled to other psonal Estate and Effects to a Considble amo* and that great part thereof was then in England &amp; other parts in Holland Submitted wher if pits had paid any of sd Testors Legacys such payments was not a misapplication of sd Testors Estate if it shoud turn Out that same was insuff* to satisfy all the Debts which sd Testor Owed at the time of his Decease and wher in that Case pits Ought not to answer out of their Estate and Effects the just Creditors of said Testors at least to the amo* of the Legacys so paid by pits Admitted that sd Testor at the time of his Decease being as afd Indebted to Deft &amp; pits neglecting to pay the same he said Deft to secure himself what was so owing to him by sd Testor had entered a Caveat in the proper offices in ffrance to prevent pits from possessing themselves of sd Stock in the ffrench funds or the Dividends thereof and the sd Deft Lehman by his answer to the sd amended Bill sayd that near forty years ago he became acquainted with the before named Sam1 De ffalk who was a Jew Babbi and that from the time of his becoming so acquainted with him until the time of his Decease or</page><page sequence="7">THE LEHMAN-GOLDSMID LITIGATION. li during the greatest part of that time the sd Sam1 De ffalk seemed greatly attached to Deft &amp; frequently expressed the most Exalted friendship &amp; regard for him and the sd Sam1 De ffalk being or appearing to be learned &amp; well skilled in the Jewish Religion &amp; the Dutys and Ceremonies thereof and a strict observer of the same &amp; Deft being of the same religion and being satisfied of the Rectitude of the Def* De fTalks life &lt;fe behaviour he the sd Deft did with Respect to religious and Spiritual Concerns put himself under the Direction Govern m* and protection of the sd Deffc de ffalk who gained or acquired a great Influency and ascendency Over Deft as well in his Temporal and Worldly affairs &amp; business as in his Religious &amp; Spiritual Concerns and Deft placed great Confidence in the sd De ffalk and for a long time had and entertained a very high Opinion of his Honesty Integrity &amp; Morality and frequently and on various Occasions Expressed his Admiration of the rectitude of the life and Behaviour of the sd De ffalk Sayd that the said De ffalk by or amongst the Jews was Called Ball Shem which signifies a Man able to do or pform Supernatural things &amp; it was reported of the sd De ffalk that he was very learned and skilfull in the Cabalistic art &amp; that he was able to discover and bring to light the riches and Treasures wch had been buried and Concealed in the Earth &amp; in the Seas and that he had by Means of his great learning Knowl: &amp; abilitys discovered and bro* to light great Quantitys of Riches and Treasures wch had been buried or Concealed in the Earth in Sev1 parts of Germany &amp; done and pformed before or in the presence of Men of Great Rank &amp; Literature various other Wonderfull &amp; astonishing things there and in other parts of the World wch were of such a Nature as to Induce a belief amongst illiterate &amp; Ignorant People that the same were done and pformed by or by means of some Diabolical or wicked Art or Contrivance and that on Account thereof such a Clamour was raised against the sd De ffalk as Occasioned him to be Expelled or Induced him to withdraw himself from sev1 Different States or principalitys in Germany and that some Narrative or Account of Sev1 Misterious Wonderfull or Astonishing Mres &amp; things sayd to have been done or pformed by the sd De ffalk was printed &amp; published as Deft had been informed and beld Sayd he beld that the sd De ffalk was really possed of a very great Learning and abilitys and that he was knowing and skilfull in Various arts and Sciences but at the time Deft became first acquainted with him he the</page><page sequence="8">Iii MISCELLANIES. sd De ffalk was in narrow Circumstances &amp; possed of a very small or Inconsidble fortune and the sd De ffalk after he had been sometime acquainted with Deft represented to and Informed him that if he the sd De ffalk had fortune sufP to enable him to apply himself Closely to his Works and Studies without being Interrupted by other Cares or Troubles he Coud by Innocent means and without any Diabolical or wicked Arts or Contrivances discover raise and bring to light the riches and Treasures wch were Buried or Concealed in the Earth &amp; in the Seas and thereby or by Means thereof procure great Riches and Honours to and for him? self and also for Such other persons on whom he shoud be willing or minded to Confer the same and that the sd De ffalk well knowing that he had acquired Great Influence Over Deft &amp; that deft was possed of a very Considble fortune applyed to deft and requested him to advance sd De ffalk Such Sums of Money as he shoud from time to time want or have occasion for during the time he was pursuing and Carrying on his Works and Studies and he assured Deft that if he would Comply there? with he the sd De ffalk woud not only repay Deft what he shoud so lend and advance but woud also Confer on or procure or obtain for him great Honours and Unbounded Wealth or Riches and sayd that appre? hending and believing the said De ffalk to be a very religious Man &amp; of great Honesty and Integrity he was Induced to give Credit to what he said and the sd De ffalk having gained such Influence Over Deft as afd did prevail on him to Consent to lend the sd De ffalk such sums of money as he might from time to time want or have Occasion for and that Deft did Accordingly from time to time lend and advance to him Sev1 large Sums of Money and advance pay lay out and expend for him and for his Use Sev1 other large Sums of money &amp; that for and on account thereof and for and on account of the other mres &amp; things mentioned in his former answr sd De ffalk was Indebted to Deft in Sev1 Sums of money amounting to Twenty thousd Pounds and upwds as Deft Com? puted &amp; beld Sayd that in or about the Year 1779 Deft deld or Caused to be Deld to the sd Sam1 De ffalk an accot wrote in the Hebrew Language and Character which was the Language in which the sd De ffalk Genlly if not always Corresponded and Conversed of Sev1 Sums of Money by Deft lent and advanced to the sd De ffalk and paid laid Out and Expended for him &amp; for his Use &amp; of w* was then due and owing to him from the sd Sam1 De ffalk for the rent of the sd Messe</page><page sequence="9">THE LEHMAN-GOLDSMID LITIGATION. liii Mentioned in Defts sd former answer Amounting together to Ten thousd four hundd pounds or there abts and beld that the sd Sam1 De ffalk perused Examined &amp; Cheeqd the sd Account in or by writing under his hand in the Hebrew language &amp; Character &amp; acknowledged each &amp; every of the Items and particulars of the sd Account to be just or right Except only as to One hundd &amp; fifty Pounds part of a Sum of three thousd three hundd pounds in the sd Account Mentioned to be lent or advanced to him by Deft in or by Bills of Exchange &amp; that he Expressed a Confidence &amp; hope that he shoud soon afterwds be able to pay or satisfy Deft the Same and all other Sums which he the sd De ffalk then owed Deft but the said De ffalk did not in his life time pay or Satisfy Deft the said Sum of ten thousd four hundd pounds or any part thereof or any other Sum of Money Bld that some short time after the sd Acco* had been deld to the sd Sam1 De ffalk he the sd Sam1 De ffalk was Informed or Suspected that Deft intended to arrest him &amp; the sd Sam1 De ffalk in order to avoid such arrest gave Orders or direcons to his Servts not to admit Deft nor any person whom they did not know to his presence and that if Deft or any Stranger shoud en? quire for the sd De ffalk to say he was not at home and beld that much about the same time the said De ffalk was also told or informed by some person who was an Enemy to Deft that Deft was not a good Jew for that he eat and drank Wine with Christians after their Manner and in other respects did not strictly conform himself to the rules and cere? monies of the Jewish Religion and that the said De ffalk on Account of such Information and of his ffears or apprehensions that Deft Intended to arrest him Conceived &amp; entertained or affected to entertain great displeasure &amp; prejudice against Deft and also affected for some time afterwards to consider Def* as a person unworthy of the sd De Falks protection Care or concern in religious or Spiritual Matters Admitted that in order to remove such displeasure and prejudice and to Induce the sd De ffalk again to take Deft under his Direcon Governm* &amp; pro? tection in religious and Spiritual Mres &amp; Concerns deft did write some Lre or Letters to the sd De ffalk in the Hebrew language and send the same to him &amp; that having Instituted a Suit in Equity touching or Concerning the afd Messe weh Suit was a long time Depending &amp; the sd De ffalk who rented or Occupied the sd house under Deft and therein pursued or Carried on his Works or Studys apprehending this</page><page sequence="10">liv MISCELLANIES. Deft beld he coud not procure and Carry on Such Works and Studies with vigour and Effect during the pending of the sd Suit and that Deft was Dilatory in bringing on such Suit to a Conclusion but a Decree in the sd Suit being at length pronounced in favour of Deft &amp; Deft who was at Yersailes in France the place of his residence having been by Lre Informed of such Decree did about the Twenty fourth day of ffebry 1782 write a Lre in the Hebrew Language to the sd De ffalk as well touching the said Messe &amp; the sd Decree as to remove from the sd De ffalk such Displeasure and prejudice as afd &amp; to Induce him again to take Deft under his direcon Governm* and protection in religious, and Spiritual mres &amp; Concerns But that he did not keep any Copy or Minutes of such Lre &amp; therefore he refers to the same when produced Sayd he had been informed &amp; beld that the greatest part if not the whole of the psonal estate and effects which the sd De ffalk was possed of and Intitled at the time of his Death arose from or was pro? duced by the Moneys wch deft so as afd lent and advanced to him &lt;fc paid laid out and Expended for him and for his Use in his life time Beld that sd De ffalk was by undue Influence prevailed on to make the sd Codicil &amp; that before he made the sd will and Codicil or Either of them he was also prevailed upon to burn or destroy sev1 Letters wrote and sent to him by Deft and other papers and writings by wch letters papers and writings or some of them if they had been preserved it would have appeared that he was &amp; stood Indebted to Deft in a large Sum of money Beld that the sd Sam1 De ffalk at the time of his Death was Intitled to the Amount of five thousd five hundd pounds Moneys or Stocks in the French funds or there abts together with an arrear of Dividends due thereon and that such Stock Stood in the Name of Simon Boas &amp; Compe of the Hague Bankers or in the name of some other person whom he did not know Denyed that he did upon the Decease of the sd Testor or at any other time Either by himself or with Divers or any pson or psons form any plan or Contrivance to get at the sd Stock or any part thereof And the Deft Dan De Matz by his answr Sayd he was the son of Sarah the late wife of the afd Sam1 De ffalk Believed that sd Sam1 de Falk made his will to the effect in Bill set forth and that he also made a Codecil to his sd will to the Effect in Bill stated and that he departed this Life without revoking or altering the same and that Aaron Goldsmid in the Bill named together with Pets</page><page sequence="11">THE LEHMAN-GOLDSMID LITIGATION. lv proved sd Will in the proper Ecclesiastical Court Beld that sd Aaron Goldsmid Departed this life leaving pits the Surviving Exors of said Sam1 De fFalks Will Denyed that he ever gave out or pretended that sd Testor was at the time of his Death Indebted to him the sd Deft in Two hundred pounds or in any other Sum of money for moneys lent and advanced by him to sd Testor But sayd that for fourteen Years next before and up to the time of the sd Testors Decease he served sd Testor as his clerk &amp; Steward and that in Respect thereof sd Testor became Indebted to him in three hundred &amp; fifteen pounds or thereabts as he Computed and beld over and above all Moneys paid to him by sd Testor in his life time on that account and that soon after the sd Testors decease he Deld an account of the Debt or Demand to the afd Aaron Goldsmid But that he had not yet paid or Satisfied the same Insisted that the sd Annuity or Sum of ten pounds ten shills by the afd Codicil Directed to be paid him every Year during his life was not bequeathed to him in full or towds Satisfaction of the sd Debt or Sum of three hundd &amp; fifteen pounds Insisted that the sd Testor did not by his sd Will &amp; Codicil bequeath to him sd Deft an Annuity of Ten pounds or any other Yearly Sum in full satisfaction &amp; discharge of all such sums of Money as the sd Testor stood Indebted to Deft Submitted if he proved the afd Debt of three hundd &amp; fifteen pounds or any other Debt Owing to him from the sd Testor at the time of his decease he in that Case Ought not either to Waive such debt or the afd annuity of ten pounds &amp; ten shills or to be put to his Election Either to Accept such Debt and relinquish the sd Annuity of ten pounds Ten shills or to relinquish the sd debt and accept the sd Annuity of ten Guins But deft apprehended that he was well Intitled both to the sd Debt and the sd Annuity of ten pounds and ten shills and Claimed the same and hoped the Court woud direct it that sd three hundd &amp; fifteen pounds shoud be paid to him Out of the sd Testors Effects in preference to any Legacys given by sd Testors Will and Codicil And the sd Defts sevlly denyed Combination &amp; Concluded their Respective Answers with the Gen1 Traverse To wch Answers the pits Replyed and the Defts rejoined &amp; divers witnesses were examined as well on the part of the pits as on the part of the sd Defts &amp; their Depositions Duly published and this Cause being set down in the paper of Causes Came on to be heard on the Twenty third Day of Novr Instant in the Exchequer Chamber at Westmr before the</page><page sequence="12">lvi MISCELLANIES. Right Honble Sir John Skynner Kn1 Lord Chief Baron Sir Jams Eyre Knfc Sir Beaumont Hotham Kn* &amp; Sir Richd Perryn Kn* three other of the Barons of this Court when upon Opening the pits Bill by Mr Hollist of Councel for the pits &amp; the Answer of the Defts by Mr Holt their Councel &amp; on hearing ffrancis Burton Esqr one of his Matys Councel for the sd pits &amp; reading the probate of the Will &amp; Codicil of the before named Sam1 De ffalk &amp; hearing Mr Graham of Councel for the Defts It is Ordered adjudged and Decreed by the Court that it be and it is hereby referred to ffrancis Ingram Esqr the Depty to his Matys Remr of this Court to take an account of the psonal Estate &amp; Effects of the sd Testor Sam1 De ffalk Come to the hands of the pits the Exors or Either of them or to the hands of any other pson or persons by their or either of their order or for their or either of their Use and like? wise an Account of the Testors Debts Legacys and ffuneral Expences &amp; the said D Remr is to publish one or more advertizem* or advertizemts in the London Gazette for the Credrs &amp; Legatees of the sd Testor to Come and prove their Debts and legacys before him by a day to be by him appointed or in Default thereof that they be excluded from all benefit of this Decree In the taking of wch accounts the sd D Remr is to make to all ptys all just allowances &amp; all ptys are to produce before and leave with the sd D Remr upon oath all Books papers and writings in their Custody or power relating thereto &amp; to be Exaied upon Inter? rogatories touching the same as the said Depty Remr shall direct and the sd D Remr is hereby armed with a Cornm11 as well as for the Examination of the sd ptys as of witnesses in aid of the sd accots and one or more Cornm11 or Commn8 is or are to Issue into the Country for the like pur? pose if necessary and if any Special matter shall arise in taking the sd accounts the sd D Remr is to state the same to the Court And it is fur Ordd and Decreed by the Court that the Deft Cosman Lehman do forth? with withdraw his Caveat with Respect to the Money in the ffrench funds in the pleadings of this Cause mentioned and that the pits do procure the Trustee in whose name the sd Money in the french funds stands to sell the same and that the money to arise by such Sale be bro* into Court and paid into the hands of the D Remr of this Court In Trust to attend the further Orders of this Court in this Cause And this Cause is to be Continued in the paper of Causes to be further heard on</page><page sequence="13">THE LEHMAN-GOLDSMID LITIGATION. lvii the sd D Remrs Report until wch time the cons of Costs and all further Direcons herein are hereby Reserved. Lane for the pits. Exchequer Original Order, If iL 1785 iV0 506 Friday 25 Febry 1785 Between George Goldsmid and Lyon de Symon?Pits and Cosman Lehman &amp; Daniel De Matz?Defts By Bill Upon the Motion of Francis Burton Esquire one of his Majestys Councel for the Pits informing the Court that by the Decree made in this Cause the 23rd Day of November last It was (amongst other things) Ordered and Decreed that the Defendant Cosman Lehman shd forthwith withdraw his Caveat with respect to the Money in the French Funds in the Pleadings of this Cause mentioned And further informing the Court that the said Defendant had been duly served with said Decree under Seal but he had not yet withdrawn his said Caveat It was therefore prayed that an Attachment might Issue under the Seal of this Court against the said Defendant Lehman for his Contempt in not performing the said Decree On reading the said Decree It is ordered by the Court that the said Deft Lehman do show Cause to this Court on the first day of next Term why all Proceedings under the said Decree should not be stayed till after the said Defendant shall have withdrawn his afore said Caveat (3) ED Gatty B for Lane for Pits</page><page sequence="14">lviii MISCELLANIES. Exchequer Original Order, East 1785 N? 377 Wednesday 13 April 1785 Between George Goldsmid &amp; Lyon De Symons?Pits and Cosman Lehman k David De Matz?Defts By Bill Whereas by an Order made in this Court the 25th day of Febry last It was ordered by the Court that the Deft Lehman shd show Cause to this Court on the first day of this Term why all proceedings under the Decree made in this Cause the 23rd day of Novr last shd not be stayed till after the said Deft shd have withdrawn his Caveat with Respect to the Money in the French Funds in the Pleadings of this Cause mentd Now upon the Motion of Mr Hart of Councel for the sd Deft Lehman shewing Cause ag* the sd order on reading the same and hearing Fras Burton Esqr one of his Maty's Councel for the Pits It is ordd by the Court that the sd order be &amp; the same is hereby made absolute and that all proceedings under the aforesaid Decree be &amp; the same are hereby stayed until the sd Deft Lehman shall have withdraw his before mentd Caveat (3) ED Gatty B for Lane for Pits Exchequer Original Order, Hil 1785 N~? 533 [An order dismissing a Suit of Cosman Lehman against Geo Goldsmid &amp; another for want of Prosecution]</page></plain_text>